36C25722Q0889 0004_1.docx

Follow On Questions and Answers

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

POINT OF CONTACT*

Contract Specialist Dayna Cantu dayna.cantu@va.gov 512-922-0142

PLACE OF PERFORMANCE

El Paso VA Health Care System

Health Administration Service

5001 N Piedras

El Paso TX

ADDITIONAL INFORMATION

DESCRIPTION

Combined Synopsis/Solicitation Amendment:

Solicitation 36C25722Q0889 is for Documentation Shredding Services intended for The Department of Veterans Affairs El Paso VA Health Care System, El Paso, TX. The Government intends to make a Firm Fixed- Price contract award to a responsible vendor who meets the requirement IAW with the SOW with a fair and reasonable price that can provide the required supply in accordance with the attached documents, resulting from this solicitation for quotes.

The NAICS Code is 561990. Responses to this notice will be used by the Government to make appropriate evaluations and award decisions.

This solicitation is a 100% set-aside for SDVOSB. All SDVOSB vendors must be registered SAM/ VIP at the time of submission of quotes.

Please ensure all information is provided on the attached SF 1449, signed/dated.

Please submit all offer information to Dayna Cantu at dayna.cantu@va.gov, no later than 08/16/2022, 3:00 PM CT.

Please see Amendment (SF30) / Solicitation (SF 1449) for full details.

Amendment to a Previous Combined Solicitation

Amendment to a Previous Combined Solicitation

Page 1 of

Amendment to a Previous Combined Solicitation

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 674-23-1-4057-0001 36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 36C671 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 To all Offerors/Bidders

36C25722Q0889 07-28-2022

X X X

X The purpose of this Amendment is to:

1. Disseminate the follow-on Questions and Answers. Please see the continuation sheet.

2. Include an updated SOW with container sizes.

3. Extend the solicitation close date from 08/12/2022 at 3PM to 08/16/2022 at 3PM.

All other terms and conditions remain unchanged.

Danise D. Burt Contracting Officer Page 1 of Page 1 of

CONTINUATION PAGE

Follow On Question and Answers Page 1 of Page 1 of

1. Q&A answer #6: “When a new service or clinic is established or a service address has been changed, the VA may request more containers or add an additional service pick-up location.”

If the VA requests additional containers or an additional service pick-up location, will that be handled via contract modification?

A modification will be completed if additional containers are added with additional pickup locations.

2. Q&A answer #7.a.: “Already included in SOW under SCOPE OF WORK and quote attached.”

I cannot find any reference to the quantity or size of additional containers that are noted on p. 8, A.3. nor can I find the attached quote in the above answer. Could you please elaborate on your answer? The question is how many additional containers are required, and what is the size(s) of the containers? It would also be appropriate for pricing to know how they are distributed across the sites.

There are no additional containers required. The sizes of the containers are: Standard Console = 32 Gallons, Mini Console = 31 Gallons, Tote = 65 Gallons. The sizes and quantities are also listed on the SOW on page 1.

3. Q&A answer #7.b.: “Mentioned in A.2.4 on SOW” After a search of both the original SOW and Amendment 0002_1 I did not find a section A.2.4. Could you please confirm if the additional containers will need shredding at each location, and if so, at what frequency?

SOW attached. No additional containers will need shredding. We have more than enough Shred bins to use. The frequency is listed in the SOW para. #4.

4. Q&A answer #8: “Wednesday is the assigned and agreed upon day for servicing. Servicers are already familiar with schedule. This isn’t new to them. Shred-It has been servicing us for years.”

Recognizing that Shred-It is used to doing the service on Wednesdays, Shred-It is not eligible to bid on this solicitation. Could you please answer if the current day of service – Wednesday – could be reviewed collaboratively between the new contractor and the COR to determine if it is the best schedule for each location?

Wednesday is the best schedule for all locations.

5. And one general question on the second Amendment – should pricing for CLIN 0002, 1002 etc. be entered on Amendment 0002_1 that shows the correct address, or with all the other CLINS in Amendment 0003_1?

Pricing can be entered on the original solicitation. Please ensure that all amendments are signed and retuned with your proposal.

STATEMENT OF WORK

CONFIDENTIAL DOCUMENT COLLECTION AND DESTRUCTION

EL PASO VA HEALTH CARE SYSTEM (EPVAHCS)

EL PASO, TX 79930

A. SCOPE OF WORK

1. The El Paso VA Health Care System requires document destruction services for a base with four option years beginning 30 September 2022. The Contractor shall provide all labor, equipment, supplies, secured vehicles, materials, supervision and other related services necessary to provide sensitive document destruction services for the El Paso VA Health Care System (EPVAHCS). The Contractor shall service the following locations:

The sizes of the containers are:

Standard Console = 32 Gallons Mini Console = 31 Gallons Tote = 65 Gallons.

· VA VHA EPVAHCS Medical Center 5001 N Piedras, El Paso, TX 79930

· Total of 120 bins – Qty of 76 consoles, 13-64 standard, 31- mini

· VA VHA EPVAHCS Las Crucas HBPC 2123 Telshor Court, Las Crucas, NM 88011

· Total of 2 bins – Qty of 2 consoles

· VA VHA EPVAHCS Las Crucas CBOC 3401 Del Rey Blvd, Las Crucas, NM 88012

· Total of 7 bins – Qty of 7 consoles

· VA VHA EPVAHCS Contracting 11495, 11495 Turner Rd., El Paso, TX 79936

· Total of 1 bin – Qty of 1 console

· VA VHA EPVAHCS Eastside CBOC, 2400 Trawood Drive, El Paso, TX 79936

· Total of 3 bins – Qty of 3 consoles

· VA VHA EPVAHCS JFI Sleep Center 1250 E Cliff Drive, Suite B, El Paso, TX 79902

· Total of 2 bins – Qty of 1 console and 1 - 64 standard

· VA VHA EPVAHCS South Central CBOC 350 Revere Street, El Paso, TX 79905

· Total of 10 bins – Qty of 10 consoles

· VA VHA EPVAHCS West Side Clinic CBOC 1870 Northwestern Drive, El Paso, TX 79912

· Total of 6 bins – Qty of 6 consoles

· VA VHA EPVAHCS Northeast CBOC 5229 Sanders Avenue, El Paso, TX 79924

· Total of 5 bins – Qty of 5 consoles

· VA VHA EPVAHCS Fort Bliss Bldg. 116 Pershing Street, Building 116, Fort Bliss, TX 79906

· Total of 5 bins – Qty of 5 consoles

· VA VHA EPVAHCS Fort Bliss Bldg, 117 Pershing Street, Building 117, Fort Bliss, TX 79906

· Total of 5 bins – Qty of 5 consoles

2. The Contractor shall provide and maintain approximately a total of 166 bin containers (121, standard consoles, a quantity of 14- 64 gallon totes, 31 mini consoles. (Combination of Mini, Standard, and Double Bin Sizes / see Schedule herein) for sensitive documents throughout the EPVAHCS and Community Based Outpatient Clinics. The Contractor shall remain flexible to add to the requirement, incase additional locked collection bins are needed. The ability to adjust the number of containers per month shall be available to El Paso Veterans Administration Health Care System. The Contractor is only allowed to add or subtract containers under the direction of the Contracting Officer / Contracting Officer Representative. If another EPVAHCS employee approaches the Contractor requesting additional bin(s), the Contractor will instruct the employee to coordinate this request with the EPVAHCS COR. If the COR approves the addition of container(s) to meet the needs of the facility, this will be provided accordance with the fees listed in the Contract schedule.

3. Containers shall have a slotted lid or front panel through which documents may be inserted and a locking access door. The containers must protect against unauthorized access (i.e., reaching through an opening to retrieve a document, bypassing the locking mechanism with a device other than a key, etc.). All locked containers shall use the same key lock or key code. The size of containers shall vary according to the location. The locked containers shall be aesthetically compatible with the facility’s interior design scheme. The Contractor shall also provide additional locked containers at each EPVAHCS location for use between Contractor pickups.

4. The Contractor shall empty all containers and paper collection bins at the VA VHA EPVAHCS Medical Center, CBOCS, and JFI Sleep Center once per week on a Wednesday. The following site will receive services once a month, on a Wednesday: VA VHA EVPHCS CONTRACTING 11495 Turner Road. The following sites will receive services every 2 weeks, on a Wednesday: Fort Bliss, TX 79918, Site VA VHA EVPHCS Fort Bliss Bldg. 116 Pershing Street, building 116, Fort Bliss, TX 79906, and Site VA VHA EVPHCS Fort Bliss Bldg. 117 Pershing Street, Building 117, Fort Bliss, TX 79906. After service is provided at the EPVAHCS Medical Center, the contractor’s employee (providing service) shall report to the Privacy Office Chief, Privacy Personnel, or COR at the end of every visit and retrieve any necessary signatures. When servicing all other sites, the contractor’s employee (providing service) should report to the Supervisor, Manager, Administrative Officer, Program Service Assistant, or Secretary of the facility at the end of every visit and retrieve any necessary signatures. The Contractor is responsible for checking and emptying ALL bins on the schedule at each visit. Pickup schedule for each location shall be coordinated with the COR. Once the schedule is established, all shredding will occur on the same day of the week (Wednesday). If the regularly scheduled shredding day falls on a national holiday, the Contractor may perform the service either the day prior to or the day after the holiday and will inform the COR of the revised shredding day. All missed services must be documented on the Certification of Destruction giving time of visit and reason why service was missed.

5. In the event that additional on-site shredding is needed, the Contractor shall be available within 48 hours of receiving notice from EPVAHCS to provide unscheduled service. The price for such service shall be in accordance with the fees listed in the Contract schedule.

6. All shredding must be done on-site at the EPVAHCS facility where the containers are emptied. In accordance with VA Handbook 6300.1, Records Management Procedures, all on-site shredding done under this contract must be witnessed by a federal employee or a Contractor employee. After final destruction, the information in the documents must be rendered unrecognizable. If shredding is not the final destruction method (i.e., it is only an interim step in the destruction process), then shredding to standards on site is not required, but the shredded material must be secured until it is no longer readable or cannot be reconstructed, which means material must be pulverized, bleached, pulped or fully destroyed by other means. The Contractor will specify which method of final destruction will be used.

7. Contractor shall submit a written plan detailing the method of destruction, capacity, and approximate time required to destroy documents. In addition, Contractor must provide the Contracting Officer with a written contingency plan in case of equipment failure or other unforeseen events.

8. The Contractor shall be responsible for management, oversight, security, and control of all documents containing VA sensitive information documents or Protected Health Information (PHI) stored in the locked containers, prior to and until completion of shredding or destruction of the documents.

9. The contractor shall deliver an industry standard Certificate of Destruction for completed destruction according to the National Institute of Standards and Technology and Federal Information Processing Standard Regulation. The certificate should be delivered to the EPVAHCS COTR (or designee) within (2) working days of each pickup. The contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall as a minimum contain the following:

a. Pickup/Delivery Location

b. Pickup/Delivery Date

c. Name of Government COTR (or designee) at pickup Location

d. Amount of shredded material (pounds) shredded

e. Destruction Certification Document Number

f. Destruction Certification Date

g. Any other information as determined by the COTR/COR

10. If the Contractor is not able to shred documents to standards while on-site, the Contractor will be required to sign a Business Associate Agreement (BAA) with the Veterans Health Administration/EPVAHCS to cover the period from the Contractor’s departure from any EPVAHCS site until final destruction of the documents. The BAA will comply with all requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR 164.502(e) and regulations enacted under the Health Information Technology for Economic and Clinical Health (HITECH) Act.

B. SPECIAL CONTRACT REQUIREMENTS

1. WORK HOURS: The Contractor shall provide the services described in this contract between the hours of 8:00 AM and 4:30 PM, Monday through Friday.

2. FEDERAL HOLIDAYS: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

3. NAID CERTIFICATION: The Contractor must be certified by the National Association for Information Destruction, Inc (NAID). The NAID Certification Program establishes standards for a secure destruction process including such areas as operational security, employee hiring and screening, the destruction process, responsible disposal and insurance.

4. HIPAA/HITECH COMPLIANCE: The Contractor is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR 164.502(e) and regulations enacted under the Health Information Technology for Economic and Clinical Health (HITECH) Act. It is the responsibility of the Contractor to review the requirements of HIPAA and HITECH, information about which may be found on the internet at the following address: http://www.hhs.gov/ocr/privacy/index.html. The Contractor shall indicate its understanding and agreement that property obtained under this contract may contain records previously maintained as a system of records subject to the Privacy Act. The Contractor is therefore also subject to the provisions of the Privacy Act and is responsible for compliance with its provisions with respect to the handling and disposal of protected information.

5. INSPECTION: Representatives of EPVAHCS reserve the right to inspect, at will, the Contractor’s and/or Subcontractor’s facilities and operations provided for the performance of work under this agreement. This includes inspection of the entire process - pickup, on-site shredding, and the final disposal of the document. (Pictures maybe take by Privacy Personnel for evidence of record destruction at the end of each quarter.)

6. SHREDDING SPECIFICATIONS: After final destruction, the information in the documents must be rendered unrecognizable. (Refer to Section A.6.)

7. QUALITY CONTROL: The Contractor shall develop and maintain quality programs to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices.

8. NON-DISCLOSURE OF SENSITIVE INFORMATION

a. The Contractor acknowledges that in the performance of this contract, Contractor personnel will have access to some privileged and confidential materials of the United States Government, including VA sensitive information and protected health information (PHI). The Contractor agrees to safeguard all information to which it has access and to use the information exclusively in the performance of this contract. The Contractor shall comply with applicable Veteran Health Administration (VHA) regulations regarding privacy and information security to prevent disclosure of sensitive information to unauthorized individuals or organizations. Many of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791), Title 38, United States Code and HIPAA. Unauthorized disclosure of Privacy Act or Title 38-protected materials is a criminal offense.

b. The Contractor shall protect, safeguard, control, manage, and destroy all VHA documents complying with VA Directive 6371, dated May 2, 2008. It is the responsibility of the Contractor to review this directive, a copy of which can be accessed electronically at the following address: http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=403&FType=2. The Contractor shall not inspect, view, peruse, copy, or examine any documents or media containing VA sensitive information, whether or not it is designated for shredding/disposal. Should any violation or breach of this provision occur, such shall constitute cause for immediate termination of this contract upon receipt of written notice of such termination.

9. BREACH REPORTING PROCEDURES: Any Contractor employee who knows or suspects that VA sensitive information has been disclosed to unauthorized personnel must report his/her observations to the EPVAHCS the COTR at 915-564-7620 within one hour of discovery. The Contractor employee should include any relevant details in his/her report, to include names of individuals involved, time, location, and a description of the VA sensitive information disclosed, if known.

10. CONTRACT PERSONNEL SECURITY AND TRAINING REQUIREMENTS

a. BACKGROUND INVESTIGATION: The performance of this contract requires the Contractor to have routine, unescorted access to EPVAHCS facilities. VA requires that all Contractor personnel involved in the actual handling and shredding of documents at any facility, and who have access to Protected Health Information (PHI) undergo an FBI National Criminal History Fingerprint Check. All Contractor employees shall be the subject of a “low-level security” background investigation (National Agency check with written inquiries; approximate cost $200.00) and shall receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all Contractor personnel requiring access to or responsibility for the shredding of documents containing VA sensitive information. The cost for such investigation shall be borne by the Contractor. The Contractor shall be required to furnish all applicable employee information to conduct the investigation. If the investigation is not completed within 40 days from contract award, the Contractor shall be responsible for the actions of those individuals they provide to perform work for VA. Failure to complete a background investigation may result in Contractor personnel being prohibited from performing services under this contract.

b. PRIVACY AWARENESS TRAINING: All Contractor and subcontractor employees performing work under this contract are required to complete VA Privacy Awareness Training prior to being allowed to perform contract duties at EPVAHCS facilities, and annually thereafter. There are three choices available for privacy training:

· Complete the VHA Privacy Policy Training web-based course, available at the site: https//www.ees-learning.net/librix/loginhtml.asp?v=librix

· Read and review the text version of VHA Privacy Policy Training, available from the Contracting Officer upon request.

· Read and review the VHA Privacy Policy Training PowerPoint presentation, available from the Contracting Officer upon request.

All training completion certificates shall be forwarded in one submission/package to the Contracting Officer within thirty (30) calendar days of award or exercise of option period. If any Contractor employees fail to complete initial or annual Privacy Awareness training, the COTR shall report any deficiencies to the Contractor. The COTR will not permit a deficient Contractor employee to perform contract duties at EPVAHCS facilities until s/he receives the Contractor employee’s current training completion certificate.

c. If the Contracting Officer finds it in the best interest of the Government s/he may, at any time during the performance of this contract, order the Contractor to remove any of his/her personnel from further performance under this contract for reasons of their moral character, unethical conduct, security risk and violation of on-site facility rules. In the event that it becomes necessary to replace any Contractor personnel for any of the above reasons, the Contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These charges will not be chargeable to the Government.

11. FACILITY ACCESS REQUIREMENTS AND PARKING

a. Prior to beginning work under the contract, the Contractor shall provide the COTR with a current list of Contractor employees expected to enter EPVAHCS facilities to empty document containers. This list shall be validated, maintained, and signed by the Contractor and provided to the COTR on an annual basis, or whenever the employment status of one or more employee’s changes. The Contractor has 24 hours to inform the Contracting Office and COTR when an employee is terminated, unless it is a pickup day, when they must inform the Contracting Office and COTR immediately by fax to the Contracting Office at (520) 629-4652

b. Upon arrival at the EPVAHCS, contractor will be issued a complete list of bin locations. Contractor is to initial each bin location on the list when each container is serviced to provide a concrete indication that the bin was located and serviced. The list will be turned in prior to departure, Contractor employees shall sign out with the COTR or (designee).

c. While on VA premises, all Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

d. Upon presenting a valid, Contractor issue identification badge that includes the employee’s name and a passport-style photo, a VA access badge will be given to Contractor employees to permit entrance into VA buildings by COTR or designee. The Contractor employee must safeguard the VA access badge and immediately report any lost, stolen, or destroyed badges to the COTR. Access badges must be worn, facing forward at or above the waist. The contractor’s employees must return the VA access badge(s) to the COTR or designee at the end of each pick up process.

e. All Contractor vehicles utilized under this contract shall be insured and maintain current state vehicle registration. All Contractor employees shall possess a valid State Driver’s license. The Contractor or his/her employees shall not use personally owned vehicles while performing duties under this contract.

f. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with the EPVAHCS COTR.

g. EPVAHCS does not validate or make reimbursement for parking violations committed by the Contractor’s personnel under any circumstances.

12. RECORDS MANAGEMENT LANGUAGE

0. All records (administrative and program specific) created during the period of the contract belong to EL Paso Veterans Affairs Health Care System (ELPVAHCS) and must be returned to EL Paso Veterans Affairs Health Care System (ELPVAHCS) at the end of the contract or destroyed in accordance with the VHA Record Control Schedule (RCS)10-1.

0. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

0. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

0. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

0. ELPVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of ELPVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to ELPVAHCS records officer . The agency must report promptly to NARA in accordance with 36 CFR 1230.

0. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to ELPVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

0. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and ELPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

0. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with ELPVAHCS policy.

0. The Contractor shall not create or maintain any records containing any non-public ELPVAHCS information that are not specifically tied to or authorized by the contract.

0. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The ELPVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20 image1.png